LAWRENCE AWULEY LARTEY & 2 ORS VS GROUPE NDUOM & 2 ORS

RULING ON SUBMISSIONS MADE BY ALL COUNSEL

After a careful consideration of all submissions made by all counsel in this matter, the court gives the following road map for the trial of both the substantive matter and the third party proceedings:

1. The Court will first hear evidence in respect of the substantive case between the plaintiffs and the defendants. Immediately thereafter, evidence will be heard in the third party proceedings.

2. The court’s decisions in both the substantive matter and the third party proceedings will be delivered on the same day.

3. Since the third parties have already been given leave on 15th March, 2023 to participate in the trial of the substantive matter as between the plaintiffs and the defendants, the third parties are at liberty to cross-examine the plaintiffs and defendants on their evidence when the same is given in the substantive matter.

4. Furthermore, since the third parties in their pleadings claim that the second third party had title to the land which it conveyed to the second defendant, the plaintiffs, who are claiming a declaration of title to the same land, are also at liberty to cross-examine the second third party on its evidence as regards its title when the said evidence is led in the third party proceedings.

5. In respect of the third party proceedings, the defendants and third parties are to file their witness statements and all documents they will rely on simultaneously by 9th October, 2023 for Case Management to be conducted on 13th October, 2024 at 10:30 a.m.

6. Hearing dates will be fixed immediately after the close of the Case Management Conference for the trial to commence.

(SGD.) JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT *caa*.